ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
ABOUT 19 groups have issued a joint statement calling for the
immediate end of harassment of the Malaysian Bar and lawyers by the
police in the wake of police action to prevent about 500 lawyers from
exercising their right to peaceful assembly in the “Walk for Judicial independence” last Friday (June 17).
The lawyers earlier had gathered at the Padang Merbok car park to
walk to the Parliament about 1km away to hand over a memorandum to the
Prime Minister but were prevented by the police from doing so.
The 19 groups include Aliran Kesedaran Negara (ALIRAN), the
Malaysians against Death Penalty and Torture (MADPET), Sisters in Islam,
Tenaganita, Teoh Beng Hock Trust for Democracy, Citizen Action Group on
Enforced Disappearance (CAGED) and Centre for Human Rights Research
& Advocacy (CENTHRA).
The joint statement also called for the relevant police officers,
Inspector-General of Police, the minister in charge and/or the
Government to issue a public apology to the Malaysian Bar and lawyers
for their actions that frustrated the exercise of the lawyers’ rights of
peaceful assembly.
Above all else, the joint statement stressed that Malaysia must
defend and promote the right of peaceful assembly which must also
include human rights education to the police and other law enforcement
bodies.
The joint statement further noted that the Malaysian Bar has
submitted the required notification to the police on June 7 which was
more than five days before the intended march.
According to law, the police must inform the organiser of any
restrictions or conditions within three days from the receipt of
notification but there was none in this case within the stipulated time.
Instead, on the eve of the intended march (June 16), the police
suddenly “denied permission” for the lawyers to march to the Parliament
by only allowing them to assemble at the meeting point in Padang Merbok.
“It would have been most frustrating, for the hundreds of lawyer,
some of who travelled hundreds of kilometres to march to Parliament to
find themselves confined to a car park far away from the public eye,”
noted the joint statement.
Section 14 (1) of the Peaceful Assembly Act 2012 states that “… the
Officer in Charge of the Police District shall respond to the
notification under subsection 9(1) within three days of the receipt of
the notification and shall, in response, inform the organiser of the
restrictions and conditions imposed under section 15, if any …”
Meanwhile, Section 14(2) clearly outlines that “If the officer in
charge of the police district does not respond to the notification in
accordance with subsection (1), the assembly shall proceed as proposed
in the notification.”
Malaysian
Bar chairman Karen Cheah hands over a memorandum of protest to deputy
de facto Law Minister Datuk Wira Mas Ermieyanti Shamsudin
The march to Parliament was pursuant to a resolution adopted at the
Malaysian Bar extraordinary general meeting (EGM) held on May 27.
It came in light of the Malaysian Anti-Corruption Commission (MACC)
investigation on SRC International Sdn Bhd trial judge Justice Datuk
Mohd Nazlan Mohd Ghazali, who had earlier this year been elevated to the
Court of Appeal.
At the High Court, Justice Mohd Nazlan had found former prime
minister Datuk Seri Najib Razak guilty on all seven counts in relation
to abuse of power, criminal breach of trust and money laundering of SRC
funds, of which the Pekan MP was sentenced to 12 years jail and fined
RM210 mil. – June 20, 2022, Focus Malaysia
# Now 20 groups with the National Union of Transport
Equipment & Allied Industries Workers (NUTEAW), Malaysia
Media Statement – 20/6/2022
Stop
Harassment of the Malaysian Bar and Lawyers – Respect Right to Peaceful
Assembly
We, the 19
undersigned groups and organizations are appalled by the police actions
preventing about 500 lawyers of the Malaysian Bar from exercising their right
to peaceful assembly in the "Walk for Judicial independence" on
17/6/2022, whereby the lawyers who had gathered at Padang Merbok car park to
walk to Parliament, about a kilometer away, to hand over a Memorandum to the
Prime Minister were wrongly prevented from doing so.
This was despite the fact that the
representative of the Prime Minister had apparently made arrangement for the
receipt of the protest note in Parliament. Later, the Deputy Law Minister Mas
Ermieyati Samsudin, on behalf of the Prime Minister, had to go to the meeting
point to accept the memorandum from the Bar President.
It was reported that ‘…police
personnel formed a human chain to disallow some lawyers from attempting to
leave the area…A police light strike force unit was also called in to provide
further security after several lawyers attempted to leave the area but were
denied.’(Star, 18/6/2022)
Police harassment continuing
It is a wrong misconception that
the police is the ‘permission giver’ before one can freely exercise one’s right
to peaceful assembly. ‘The task of the police is to facilitate and not frustrate
the exercise of that right’ is a position taken by the courts and also the Bar.
The harassment against the
Malaysian Bar and the lawyers continues when Dang Wangi OCPD ACP Noor Dellhan
Yahaya said today the police will call up all participants of the "Walk
for Judicial independence" march by the Malaysian Bar to give their
statements, despite blocking the walk from occurring. (Malay Mail, 17/6/2022).
Dang Wangi OCPD Asst Comm Noor
Dellhan Yahaya confirmed the matter when contacted Saturday (June 18). “They
will be called to give their statements next week. All participants that were
present will be called," he said. [Star, 18/6/2022]"
Such conduct of State and State
agents, is contrary to justice and human rights, and may deter future exercise
of peoples’ right to peaceful assembly in Malaysia.
Malaysian Bar’s right denied
despite following the law
The Malaysian Bar sent the
required notification to the police on 7/6/2022, more than 5 days before the intended
march. According to law, within 3 days from the receipt of notification, the
police must inform the organizer of any restrictions or conditions, and there
was none in this case within the stipulated time.
On about 16/6/2022, a day before
the intended march, the police suddenly ‘denied permission’ for the lawyers to
march to Parliament, and allowed them to just assemble at the meeting point in
Padang Merbok. It would have been most frustrating, for the hundreds of lawyer,
some of who travelled hundreds of kilometers to march to Parliament to find
themselves confined to a car park far away from the public eye.
The Bar rightfully took the
position in accordance to law, that ‘…the assembly shall proceed as proposed in
the notification…’ – the lawyers will gather and march to Parliament.
Section 14 (1) of the Peaceful
Assembly Act 2012 states that, ‘…The Officer in Charge of the Police District
shall respond to the notification under subsection 9(1) within three days of
the receipt of the notification and shall, in the response, inform the
organizer of the restrictions and conditions imposed under section 15, if any…’
Section 14(2) clearly says that ‘If the Officer in Charge of the Police
District does not respond to the notification in accordance with subsection
(1), the assembly shall proceed as proposed in the notification. “
Therefore, it is clear that the
police had violated the law, and the right to peaceful assembly of the lawyers,
when they prevented the Bar from marching to Parliament on 17/6/2022.
Judges are not above the law - "Walk
for Judicial independence"
The march to Parliament was
pursuant to a Resolution adopted at the Malaysian Bar Extraordinary General
Meeting held on 27/5/2022.
The Malaysian Bar, while taking
the position that Superior Court judges ‘…are not above the law and must be
made accountable for crimes they commit, and that law enforcement agencies must
be allowed to carry out their respective tasks in accordance with the law and
the Federal Constitution…’, but how such investigations are carried out
matters. The Bar, for example,condemned
‘…the unprecedented manner in which the Malaysian Anti-Corruption Commission
(“MACC”) has publicly announced the commencement of criminal investigation of a
Superior Court Judge, and disclosed the name of the judge to the public, for an
indefinite period and without proper closure, which is tantamount to an act of
intimidation against the Judiciary…’.
There, we call for
a)The immediate end of harassment of the Malaysian
Bar and lawyers by the police. Police must discontinue plans of calling for
investigation all organizers and participants of "Walk for Judicial
independence";
b)The relevant police officers, Inspector General
of Police, the Minister in charge and/or the Government to forthwith tender a
public apology to the Malaysian Bar and lawyers for their actions/omissions
that frustrated the exercise of the lawyers’ right of peaceful assembly; and
c)Malaysia to defend and promote the right of
peaceful assembly, which must also include human rights education to police and
other law enforcement bodies.
Charles
Hector
Adrian
Pereira
For
and on behalf of the following 19 groups
ALIRAN
MADPET (Malaysians Against Death
Penalty and Torture)
North South Initiative
Building and Wood Workers
International (BWI) Asia Pacific Region
Black Women for Wages for
Housework
Centre for Human Rights Research & Advocacy (CENTHRA)
Citizen Action Group on Enforced Disappearance (CAGED)
PETALING JAYA:
The Malaysian Bar’s negotiations with the police for lawyers to march
from Padang Merbok to the Parliament building for its “Walk for judicial
independence” reportedly failed, FMT reports.
According
to the report, the police allowed only 20 lawyers to march to the
Parliament building to hand over a memorandum, but the Bar did not agree
with this.
The
lawyers tried to go ahead with the march but failed to break through
the police human barricade formed at both ends of the Padang Merbok car
park.
About 500 lawyers had gathered for the march, but they were held back by the strong police presence.
Among those present were former attorney-general Tan Sri Tommy Thomas and politicians from parties like DAP, PKR and Muda. - Sun Daily, 17/6/2022
The Malaysian Bar was also unhappy with the manner MACC conducted its investigation ... that is all.
The Bar was also of the position that NO ONE is above the law - and that includes all Superior Court Judges
It is positive for the Prime Minister to quickly take a stance on this issue, following the receipt of memorandum following the police prevented "Walk for Judicial independence" on 17/6/2022, when the lawyers were not allowed to march to Parliament..
PM: Not wrong to probe judges but it should not be publicised
Prime Minister
Ismail Sabri Yaakob said there is nothing wrong with judges being
investigated on allegations of misconduct or wrongdoings but the matter
should not be publicised.
Ismail Sabri said no one is above the
law and enforcement agencies like the MACC and the police were free to
investigate if they suspected a criminal offence had been committed.
However, to preserve respect for the judicial institution, investigations against judges should not be publicised, he said.
"There is no need for them (enforcement agencies) to announce who is involved… telling the media about the investigation.
"I
do not see anything wrong about investigating judges implicated in
criminal wrongdoings. We are not saying a crime has been committed, as
it is only at the investigation stage.
“But there is no need to
publicise it and reveal to the media the names of those under probe.
Maybe that is what is being questioned,” he said, without naming the
individuals or agencies involved.
He said this when asked about
the Malaysian Bar’s “Walk for Judicial Independence” assembly held at
Padang Merbok in Kuala Lumpur on Friday.
Ismail Sabri said the Bar’s action might be in response to the way the agency concerned was conducting its investigation.
Prime Minister Ismail Sabri Yaakob
Separation of powers
Ismail
Sabri, the Bera MP, was speaking at a media conference after attending a
meet-and-greet session with workers of the Bera Parliamentary
Constituency Jalinan Rakyat at Kompleks Rakan Muda Bera today.
He
reiterated that the government subscribes to the principle of separation
of powers, with the judiciary given the freedom to conduct trials and
make rulings without interference from any parties.
Meanwhile,
when asked about the proposed Political Funding Bill, he said the Prime
Minister’s Department (Parliament and Law, and Attorney-General’s
Chambers) had been directed to make comprehensive studies for it to be
tabled to the cabinet before being taken to Parliament.
Asked on
today’s programme, Ismail Sabri, who is Umno vice-president, reminded
the BN machinery to start preparing for the 15th general election and
not wait until the last minute.
"We need to be prepared because
GE15 has to be held one year from now at the latest and that is not a
long time. That is if it is held in July (next year) but it can also be
called earlier,” he added.
Ismail Sabri expressed satisfaction with the cooperation shown by component parties involved in the BN machinery.
Malaysia's extraordinary Bar and Lawyers, who have repeatedly demonstrated a strong commitment to upholding the cause of justice and human rights have once again exercised the right to peaceful assembly which saw about 500 lawyers coming out to protect this time the independence of the Judiciary.
An estimated 500-strong crowd of lawyers had gathered at Padang
Merbok this morning for a march to Parliament and to submit a memorandum
to the government to uphold judicial independence.
Normally, the lawyers will march to the gates of Parliament, and thereafter a smaller delegation may enter and handover memorandum...but this time, the POLICE prevented the lawyers moving from the gathering point towards parliament...
The Bar was not saying that judges alleged of crimes ought not be investigated by the relevant law enforcement bodies, but were critical of manner in which the Malaysian Anti-Corruption Commissions(MACC) acted - there was no need for MACC to publicly announce the investigation against the said judge, etc >
(5) Whereas on 23 April 2022, the Chief Commissioner of the Malaysian
Anti-Corruption Commission (“MACC”), Tan Sri Azam Baki, openly
announced that the MACC has commenced an investigation into a Court of
Appeal Judge, and named Justice Dato’ Mohd Nazlan bin Mohd Ghazali
(“Justice Dato’ Nazlan”) publicly, over an allegation of unexplained
monies in his bank account.
(6) Whereas on 25 April 2022, the
President of the Malaysian Bar issued a press release entitled “The
Malaysian Bar Stands With and Supports Malaysian Judges Who Are
Independent and With Integrity — Respect and Uphold the Integrity of the
Judiciary as an Integral Institution in the Administration of Justice”.
(7)
Whereas on 28 April 2022, the MACC issued a press release entitled “The
MACC Is Empowered to Investigate Officers of Public Body”, taking the
position that it can investigate Justice Dato’ Nazlan based on section 3
of the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”).4
(8) Recognising that Judges
of the High Court, Court of Appeal, and Federal Court (“Superior Court
Judges”) are not above the law and must be made accountable for crimes
they commit, and that law enforcement agencies must be allowed to carry
out their respective tasks in accordance with the law and the Federal
Constitution.
(9) Recognising that any investigation of Superior Court Judges by law enforcement agencies must be done in a manner that does not erode judicial independence, and public confidence in the Judiciary and its independence.
(10)
Recognising that any complaint against Superior Court Judges and its
investigation by law enforcement agencies under the purview of the
Executive, if given undue and unwarranted publicity,
will have a far-reaching impact on Superior Court Judges and the
independence of the Judiciary, and the public confidence reposited in
the Judiciary.
(11)
Recognising that the Judiciary as an institution, and the Superior Court
Judges carrying out their judicial duties, must be protected from
intimidation, harassment and frivolous investigation, particularly in
cases that go against the Executive, considering that the Executive
forms a large category of litigants in a position to misuse its powers
against Superior Court Judges.
(12)
Recognising that the undue and unwarranted manner in which the MACC
publicly announced an investigation and named the judge, has the effect
of undermining public confidence in the Judiciary, and is clearly an
attack on the independence of the Judiciary.
(13) Recognising that the Judiciary cannot step into the public arena to defend itself.
(14)
Recognising that the Malaysian Bar plays a crucial and complementary
role to the Judiciary in the administration of justice and must support
the independence of the Judiciary, which is essential to our democratic
system, rule of law, our legal profession, and the nation.
It is hereby resolved that:
(1) The Malaysian Bar condemn,
in the strongest possible terms, the unprecedented manner in which the
Malaysian Anti-Corruption Commission (“MACC”) has publicly announced the
commencement of criminal investigation of a Superior Court Judge, and
disclosed the name of the judge to the public, for an indefinite period
and without proper closure, which is tantamount to an act of
intimidation against the Judiciary;
It was shocking when the police, at the eleventh hour, prevented the lawyers to walk to Parliament to hand over the protest note to the Prime Minister... The lawyers hence were prevented from moving from the gathering point at Padang Merbok car park to the Parliament...WHY? WHY?
Once again, the lackings of the right Freedom of Peaceful Assembly in Malaysia comes to light...
How can the POLICE be allowed to exercise so much control over the exercise of this basic human right...and, of course, lawyers will be well behaved. Sad we are remembering how the 'alternative' PH Plus, who had the opportunity failed to restore the right of peaceful assembly to Malaysians...
This right is a basic human right - and police's power in controlling the full exercise of this right must be abolished. We are not a POLICE STATE - police should really be protecting citizens exercise of this right >>> not violating our right to peaceful assembly...
Cops stop lawyers from marching to Parliament
Noel Achariam
Updated 10 hours ago ·
Published on 17 Jun 2022 11:02AM ·
0
Police forming a barrier
preventing some 300 lawyers from marching to Parliament from Padang
Merbok. – The Malaysian Insight pic by Nazir Sufari, June 17, 2022.
POLICE
stopped some 300 lawyers from marching to Parliament from Padang Merbok
to present a memorandum to Prime Minister Ismail Sabri Yaakob on
upholding the independence of the courts.
The lawyers gathered as early as 9am for the Walk For Judicial
Independence, with several carrying placards that read “Jom Jalan
Judicial Independence”, “Walk the talk, Judicial Independence” and
others.
However, before they could begin, police stepped in.
Earlier, former Malaysian Bar president Ambiga Sreenevasan said the
judiciary must be free and allowed to do its duty to uphold its
independence.
“It’s very simple. We don’t want anyone to weaken the judiciary.
“We want to send a message. We can see that people are trying to
undermine the judiciary. Stop it. We are not going to keep quiet.”
She said the walk is legal as the Bar had sent out the notices and police were informed.
“Freedom of assembly is a constitutional right,” Ambiga added.
Members of the Federal Reserve Unit on standby during the Walk For Judicial Independence today. – The Malaysian Insight pic by Nazir Sufari, June 17, 2022.
Commonwealth Lawyers Association (Australasia) vice-president Steven
Thiru said they take the independence of judiciary very seriously.
“We received representation from the Malaysian Bar on what is happening here.
“The independence of the judiciary is something that can never be compromised in a country that believes in the rule of law.”
Thiru said the association has expressed its support and solidarity with the Bar.
“They (Malaysian Bar) are not standing alone, they are supported by the international community.”
The
Malaysian Bar insists that today’s Walk For Judicial Independence is
legal as it had sent out notices and informed police. – The Malaysian
Insight pic by Nazir Sufari, June 17, 2022.
Chief Justice Tengku Maimun Tuan Mat in April said criticism towards judges and the judiciary has gone overboard.
While judges are open to criticism, especially concerning high profile cases, the recent attacks are too much, she added.
“The judiciary has been dealing with high profile and public interest cases of late.
“It is normal for judges to receive criticism from parties who are unhappy with the decisions of the courts.
“However, the criticism levelled at judges and the judiciary, in my opinion, has gone overboard.”
The Malaysian Anti-Corruption Commission opened an investigation into
Court of Appeal judge Mohd Nazlan Mohd Ghazali over alleged unexplained
money in his bank account.
Nazlan was the judge who convicted former prime minister Najib Razak
over the misappropriation of RM42 million of SRC International Sdn Bhd
funds.
The Malaysia Today blog claimed that the judge is being investigated
for an “unexplained” RM1 million in his bank account. – June 17, 2022, Malaysian Insight
Bar slams cops after ‘Walk for judicial independence’ thwarted
Karen
Cheah said the Bar would look to level charges of breach of statutory
duty and failure to uphold the Peaceful Assembly Act 2012 against the
police.
KUALA LUMPUR: The Malaysian Bar has condemned the police for
preventing its “Walk for judicial independence” after officers
barricaded its members at Padang Merbok.
Bar president Karen Cheah said the Bar would look to level charges of
breach of statutory duty and failure to uphold the Peaceful Assembly
Act 2012 against the police.
“We, the Bar, are not afraid to take action if there is a need to,” she said. “We will definitely take this to court.”
Cheah said they had followed the appropriate procedures and submitted
the relevant documents to the authorities in the lead-up to the walk,
adding that the police had no valid reason to prevent it.
“Police failed to ensure we were able to exercise our constitutional
right to peacefully assemble as stated in the Federal Constitution.
“This was a form of abuse of power as instead of facilitating our
walk, they went out of their way to intimidate us,” she said at a press
conference after this morning’s gathering.
Cheah said the Bar would conduct a “fact-finding” mission, gathering
photographs and videos from the gathering as evidence of police
transgression.
An estimated 500-strong crowd of lawyers had gathered at Padang
Merbok this morning for a march to Parliament and to submit a memorandum
to the government to uphold judicial independence.
The Bar’s walk was organised to voice its dissatisfaction over
alleged intimidation towards the judiciary, particularly over the
Malaysian Anti-Corruption Commission’s investigation into Court of
Appeal judge Nazlan Mohd Ghazali.
Malaysian Bar members negotiated with the police at the scene but the
talks broke down after the authorities said only 20 lawyers were
allowed to march to the Parliament building, which the Bar rejected.
The lawyers tried to go ahead with the march but failed to break
through the police barricade formed at both ends of the Padang Merbok
car park.
Deputy law minister Mas Ermieyati Samsudin later arrived at the
scene, accepting the memorandum from Cheah. She said she would hand it
over to Prime Minister Ismail Sabri Yaakob and law minister Wan Junaidi
Tuanku Jaafar. - FMT, 17/6/2022
Forced Labour in Malaysia ... the fundamental problem seems to be that some in government still tend to deny that it happens in Malaysia... and this is so pathetic. Admit and eliminate all forms of forced labour remaining in Malaysia, after all for Malaysia it is a constitutional guarantee... Art. 6(2) All forms of forced labour are prohibited,...
Meanwhile, the companies caught for having elements of forced labour has done the needful to end and no longer practice forced labour. Malaysia should follow what these companies did...
So, what Malaysia really ought to do is to amend Malaysian laws so that never again will any Malaysian company be caught for forced labour.
To date, has the Ministry even proposed real amendments to the law, or any additional enforcement... It is better that Malaysia ends forced labour here... Rather than our companies being caught for forced labour by others...
What is Malaysia planning to do... Allow forced labour to exist in Malaysia, and get companies that export products to needful to avoid being caught by reason of 'forced labour' by other countries????
So, lame... Let us just abolish forced labour in Malaysia once and for all..
Remember workers ought to be of greater importance than the investor....
Minister urges Malaysian firms to learn triggers for US forced labour probes
Zuraida
suggested that Malaysian palm oil and palm oil-related products were
being targeted due to being direct competitors with those derived from
soybean oil, of which the US is the world's leading producer and the
second-leading exporter. — Picture by Firdaus Latif
Follow us on Instagram, subscribe to our Telegram channel and browser alerts for the latest news you need to know.
By Ashley Yeong
Wednesday, 08 Jun 2022 11:22 AM MYT
KUALA
LUMPUR, June 8 — Malaysian producers should take note of the US Customs
and Border Protection's announced methods for its forced labour
investigations to avoid being subject to further sanctions, said the
plantation industries and commodities minister
While
Datuk Zuraida Kamaruddin said her ministry viewed the manner of US
agency’s investigations to be “unfair and also biased”, she acknowledged
it was the CBP’s prerogative to rely on remote or third-party
information.
The minister urged
the Malaysian firms to be mindful of this following the CBP’s
clarification and to avoid attracting another Withhold Release Orders
(WROs or import bans), six of which have been levied over forced labour
allegations in recent months.
"The modus operandi of the
CBP and how their verdict is passed has been made clear, the onus is on
industry players — especially those in the labour-intensive rubber
gloves and plantation sectors," she said in the statement.
"As
much as we cannot totally agree with its reliance on remote or
third-party evidence in its investigation process, we have to accept
that at the end of the day, the enforcement agency is vested with the
prerogative to act based on what it deems as proprietary information.”
According
to the US CBP website, the investigations have already prevented a
total of eight Malaysian companies — two inactive and six active
companies — from the plantation and glove sectors from entering the US
market after being issued with WROs.
The two with classed as
inactive were Top Glove Corp Bhd and WRP Asia Pacific Sdn Bhd, while the
other six are FGV Holdings Bhd, Sime Darby Plantation Bhd, Maxter Glove
Manufacturing Sdn Bhd and Supermax Glove Manufacturing, Smart Glove,
Brightway Holdings Sdn Bhd and YTY Industry Holdings Sdn Bhd.
Zuraida
also suggested that Malaysian palm oil and palm oil-related products
were being targeted due to being direct competitors with those derived
from soybean oil, of which the US is the world's leading producer and
the second-leading exporter.
In the same statement, Zuraida also
commended the Malaysian Rubber Gloves Manufacturers Association (MARGMA)
for its cooperation with the CBP to develop a better understanding of
labour issues.
MARGMA advocated a zero-debt policy and has been
working to dislodge itself from the stigma of forced labour by following
the International Labour Organization's 11 indicators as the guiding
principle.
The 11 principles are: abuse of vulnerability,
deception, restriction of movement, isolation, physical and sexual
violence, intimidation and threats, retention of identity documents,
withholding of wages, debt bondage, abusive working and living
conditions, and excessive overtime.
Previously, the US CBP was
criticised for nitpicking on large plantations and glove manufacturers
in Malaysia, but denied this and insisted that investigates any forced
labour allegations in which credible evidence was available.
How much TOL and for how long... Again government letting private companies build highways... And happily says government will not spend anything - but fact is Rakyat will have to pay TOL at what rate for how long...
Do the people want these highways -should there not be a Referendum -where people have the right to say whether they want such 'private' highways or not?
Will the agreement with these private companies be disclosed to the public?...
What Malaysia needs is an affordable public transport system... Trams, LRT, busses, etc... So that Malaysians can move around quickly and cheaply from place to place, without having to use private cars and motor bikes. This means, busses that run through housing areas, that links to other public transport that takes people to work, schools, shopping areas and entertainment spots...
We need to reduce dependence on privately owned vehicle... Where people pay a lot to buy, the petrol and the parking - private transport is becoming an expensive luxury that is also not environment friendly..
Should not the government be promoting bicycles... And more healthy travel modes > hence bicycle lanes, and walking paths?
Highway - it impacts so many other things as well...
Government failure - lack of vision...
As it is, Malaysia is already heavily subsidising cost of petrol... For private vehicles > which government must do now because of government failure to develop and maintain an effective affordable public transport system..
Focus should be on all towns small and medium sized that are growing - easier and cheaper now to set up effective public transport systems now including trains, lrt, busses, etc.. Bicycle paths, etc... Focus should shift from Klang Valley to the rest of Malaysia...
Local government should be tasked with setting up an effective bus system in their area. One should be able to walk less than 200 meters to take a bus to work/schools and back... A system which will encourage less use of private vehicles...
Public transport generally may not bring profits -so internal public transport must be government maintained...No private company will want a bus line from kampungs or small Tamans as not profitable.. So government (local council) ought to run these services..
MACC must also monitor closely these new highway projects... Did 'political funds' (the new name for bribes) flow to some politicians...???
Fadillah says concessionaires to fund new highways
Updated 8 hours ago ·
Published on 3 Jun 2022 7:00AM ·
0 Comments
Works Minister Fadillah
Yusof says the government will not give highway concessionaires any more
money. – The Malaysian Insight file pic, June 3, 2022.
NO new highway
projects, including three in the Klang Valley, will receive funds from
the government, said Works Minister Fadillah Yusof.
He said the concessionaires would have to bear the costs of these projects and any risks involved.
“There will no longer be any financial assistance from the government
for all new highways. In fact, no assistance for land either.
Previously, land acquisition cost for highway construction was partly
financed by the government.
“Now, there will be no more soft loans; they will have to be
shouldered by the concessionaires,” he said in Petaling Jaya last night.
It has been previously reported the Petaling Jaya Traffic Dispersal
Elevated Highway (PJD Link), Putrajaya-Bangi Expressway (PBE) and Kuala
Lumpur Northern Dispersal Expressway (KL-Node) projects have obtained
approval in principle from the government.
On April 4, Fadillah said the government welcomed private takeover of
concessionaires for the purpose of restructuring to reduce the
financial burden to the taxpayer.
Earlier on the same day, Prime Minister Ismail Sabri Yaakob announced
that the government had agreed with the restructuring of four Klang
Valley highway concessionaires: Kesas Sdn Bhd, Smart Tunnel, Sprint
Expressway and LDP. – Bernama, June 3, 2022.
It is the people's rights that are violated when politicians change parties after being elected.
So, why are the people being left out of the discussion about this Anti-Hopping laws... The irony is that 30 plus MPs that party hopped is part of the process. Transparency please... We are a democracy ..
A voter votes also based on what party the candidate comes from> They believe that the candidate stands for what the party stands for, now and before. Likewise voters vote based on the 'election Manifesto', like the PH Election Manifesto.
2 weeks is just not enough time to anyone to get to know personally candidates standing for election.. Election Commission could have give us more time.. Maybe 30-45 days campaign period. Hence, a very short 14 days forces many without knowing candidates to simply vote along ethnic or religious lines... Or Based on which party considerations....
All the people were asking was SIMPLE -if any elected MP changes party or become independent, then automatic disqualification - and a by-election so voters can re-confirm who will be their MP... The party hopper candidate can also contest again. The purpose is that no person who no longer enjoys support of constituents remain as MP - when he/she is no longer the 'wakil rakyat' in truth.
Besides, party hopping, a MP can lose the support of his/her constituents... So, that may require other process to change MPs... But for now, focus just on party hopping.. And immediate by-elections.
Take Azmin, do the majority even still want him as their MP - they voted him because he was a PH candidate - now, not only has he left PH but he is working with a new coalition government that includes BN? So, Azmin continuing to be MP, when all those who voted for him no longer supports him, is a violation of Democracy principles...??? Is he still the people of his Constituency's wakil rakyat for real... ARE the people of his Constituency now without their choice of MP since 2020s...? To confirm, a by-election is best... Will the people still choose Azmin, or another? That will settle the matter...
So, the Anti-Hopping law is all about the people's... the voters' rights... So why are government not including people in the discussion? Why are the matters arising from this bill being kept secret from the people..
We read that Cabinet is OK with the proposed Bill but for 2 issues... BUT they do not tell us the 2 issues... WHY?
"However, the Cabinet wants two issues to be detailed and refined by
the Parliamentary Special Select Committee," he said in a statement
today, without disclosing the details of the matters raised...
How can a democratic government be not interested in the people's input... Why keep it secret?
Anti-party hopping bill: Cabinet wants two issues to be refined
Wan
Junaidi said according to the Dewan Rakyat Standing Order 85,
information regarding the Select Committee cannot be disclosed to the
public as it is still under discussion at the Parliamentary Special
Select Committee level. - NSTP/AIZUDDIN SAAD
PUTRAJAYA:
Two issues regarding a bill prohibiting Members of Parliament from
switching parties, have been raised by the Cabinet when it was brought
to the Cabinet meeting yesterday.
Minister in the Prime Minister's Department (Law and Parliament)
Datuk Seri Dr Wan Junaidi Tuanku Jaafar said Attorney-General Tan Sri
Idrus Harun had given an explanation to the Cabinet regarding the
constitutional amendment and there is no objection to the draft proposed
by the Parliamentary Special Select Committee.
"However, the Cabinet wants two issues to be detailed and refined by
the Parliamentary Special Select Committee," he said in a statement
today, without disclosing the details of the matters raised.
Wan Junaidi said according to the Dewan Rakyat Standing Order 85,
information regarding the Select Committee cannot be disclosed to the
public as it is still under discussion at the Parliamentary Special
Select Committee level.
Overall, the Cabinet has taken note of the bill, Wan Junaidi said
adding that the questions raised will be brought to the Parliamentary
Special Select Committee on June 7 to be scrutinised before the bill is
finalised.
It was previously reported that the bill is expected to be tabled as early as mid-July, when the Second Meeting of the Fifth Session of the 14th Parliament begins on July 18. – BERNAMA
INQUESTS - the importance for incidents where persons are killed by reason of police shooting is HIGHLIGHTED in this case. How many INQUESTS thus far for cases where people died by reason of being shot dead by police????
The Coroner found that the police was criminally liable for the deaths -
The coroner’s court today concluded that there was abuse
of power and elements of a criminal nature in the death of three men who
were shot at close range by police three years ago.
Coroner Rasyihah Ghazali said, on the balance of probabilities, S
Mahendran, G Thavaselvan and his brother-in-law J Vijayaratnam, a Sri
Lankan national, died of gunshot wounds on their heads and chests.
“The shots were not fired in self-defence. There was abuse of power
and (actions in the nature of) criminal elements by police in the death
of the men,” she said this evening at the end of an inquest...
She said scientific evidence with regards to the position of the
bodies and the weapons allegedly found on the two men did not tally with
the oral testimonies of the policemen.
“The weapons described by the ballistic expert (Izzuwan Marzuki) and
the investigating officer (P Visvanathan) were also in conflict,” she
said.
She said police witnesses gave evidence that shots were fired at the
men from an upright position but post-mortem reports stated that the
bullets pierced their bodies at a downward angle.
This case also raises the problems when only the police investigates such incidents - the fact that the evidence given by police contradicted with the evidence given by others including 'ballistic experts' - HIGHLIGHTS why such shooting cases need an independent inquiry by a CORONER..
Coroner Rasyihah Ghazali acted FEARLESSLY - it took into account even expert evidence of ballistic experts - and did not simply rely on police witnesses or evidence. How many Coroners will do the same? She highlighted the contradiction of police witness ... ' She said scientific evidence with regards to the position of the
bodies and the weapons allegedly found on the two men did not tally with
the oral testimonies of the policemen.'
CORONER's REPORTS must be publicly available - much needed for public education/awareness, education of other Coroners about what can/must be done during inquiries, and also important for needed REFORM. Following this case - What is the SOP when it comes to usage of firearms by police - do police shoot to arrest, or do they shoot to KILL? - Law Journals should start reporting on Coroner's findings after an Inquest.
Anyway, Coroner's decision is out >>> so what is the Public Prosecutor doing? Are they investigating the said police officers? Will the said police officers be CHARGED for the Killing?
This is what Malaysians are waiting to know --- OR ARE THE POLICE ABOVE THE LAW - and no police officers will be charged.
The TIME LIMIT for suing the government is three(3) years - and that is why INQUESTS need to be speedily concluded. YES - the victim and/or their families can SUE the shooter police officers and the government to get damages and compensations ...
Cops abused power in shooting of 3 men, including Sri Lankan, coroner finds
Lawyer M Visvanathan (left) briefs family members of G Thavaselvan and J Vijayaratnam on the outcome of the inquest.
SHAH ALAM: The coroner’s court today concluded that there was abuse
of power and elements of a criminal nature in the death of three men who
were shot at close range by police three years ago.
Coroner Rasyihah Ghazali said, on the balance of probabilities, S
Mahendran, G Thavaselvan and his brother-in-law J Vijayaratnam, a Sri
Lankan national, died of gunshot wounds on their heads and chests.
“The shots were not fired in self-defence. There was abuse of power
and (actions in the nature of) criminal elements by police in the death
of the men,” she said this evening at the end of an inquest.
Police had claimed there was an exchange of fire between policemen
and the trio at the edge of a jungle in Rawang and that two of the men
had been armed with pistols.
Rasyihah, however, said she was unable to conclude as to what had
happened to G Moganambal, the wife of Vijayaratnam, who was reported
missing after the incident and has yet to be found.
On Sept 14, the three men, whom police said were suspected to have
been involved in armed robbery, were killed in a shootout with the
police at Km22 of Jalan Rawang heading towards Batu Arang, following a
7km high-speed car chase.
The coroner said today the men died between 5.20am and 5.30am on Sept 14 based on evidence collected in the inquest.
She said scientific evidence with regards to the position of the
bodies and the weapons allegedly found on the two men did not tally with
the oral testimonies of the policemen.
“The weapons described by the ballistic expert (Izzuwan Marzuki) and
the investigating officer (P Visvanathan) were also in conflict,” she
said.
She said police witnesses gave evidence that shots were fired at the
men from an upright position but post-mortem reports stated that the
bullets pierced their bodies at a downward angle.
Rasyihah said, in totality, there were many disputable questions of fact regarding witness statements.
The four had left Kepong at about 10pm on Sept 13 after dinner to
visit friends and relatives. Moganambal’s sister, Vasanthi, had
testified that Moganambal sent a location map via her mobile phone at
about 1am (Sept 14) that indicated they were at a food outlet in
Serdang.
Vasanthi stated in her evidence that shop owner Senizam Md Yusof
admitted meeting the four that morning. However, Senizam denied in court
that he had met them at his premises.
Lawyer M Visvanathan, who held a watching brief for the family of
Thavaselvan and Vijayaratnam, said he had instructions to file a civil
suit following today’s verdict.
“We have four months to do so as the three-year limitation period to
file a legal action against the government will set in by September,”
said Visvanathan who was assisted by V Sanjay Nathan.
Deputy Public Prosecutor Sean Dudley assisted the coroner. A total of 20 people gave evidence. - FMT, 31/5/2022
BN-PN topple PH in Negeri Sembilan
-
The Negeri Sembilan state assembly has 36 seats. Actual results: BN 18
seats + PN 7 seats = 25 seats PH 11 seats Ilham Centre’s prediction: Ong
Kian Ming’s...
APA PADA NAMA
-
1. Sejarah Malaysia dikait rapat dengan UMNO, Parti Kebangsaan Melayu
Bersatu. Parti UMNO pula dikenali dengan pemimpinnya. 2. Demikian di
peringkat permul...
China and HK may be barred from Asia Team meet
-
PETALING JAYA: The status of next week’s Asia Team Champion-ships in
Manila, the Philippines, is in quandary as two badminton nations – China
and Hong Kong...
PRU14 - Keputusan TEMERLOH - Parlimen dan DUN
-
Keputusan di Temerloh, harus kita analisa
1- Parlimen dimenangi Pakatan Harapan, yang juga menang DUN Mentakab,
tetapi BN menang DUN Lancang dan DUN Kuala ...
Thank you, Malaysians
-
Before the lights go out on The Malaysian Insider at midnight, we say
"Thank You" to our readers. TMI started on February 25, 2008. Today, after
eight year...
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